Terms and Conditions
Why Think Ltd disclaims all liability in respect to actions taken or not taken based on any contents of this site. Why Think Ltd provide our services on a best efforts basis and cannot accept any liability for your consequential losses by our failure to register a particular name.
Our services are provided under the following Terms & Conditions and Why Think Ltd advise you to read our terms in addition to those terms specified by Nominet as applicable to new domain registrants.
By proceeding with your order you are agreeing to abide by the our Terms and Conditions. In addition, in the event that a domain name is registered on your behalf via Why Think as a direct result of your order you will also be entering into a contract with Nominet (the registry for all internet Domain Names ending in .uk).
These terms and conditions set forth the service agreement between Why Think Ltd and yourself In this agreement Why Think Ltd shall be referred to as "WT", "Why Think Ltd ", "us" and you shall be referred to as "The Customer", "you" or "your".
Why Think Dropcatcher Pro service.
Our Dropcatcher Pro service tracks a specified domain name and attempts to register that name as soon as possible after Nominet deletes that name.
The Dropcatcher Pro service fee is £25.00 (GBP) + VAT per domain name (or less for bulk discounts) for an unlimited subscription period until the name becomes available or until and in the event of that Nominet introduces a competing service that would prevent Dropcatcher Pro subscriptions from being fulfilled.
If a Dropcatcher Pro subscribed domain name becomes available for public registration during the subscription period, Why Think Ltd will make every commercially reasonable effort to acquire the domain name.
If successful, the domain name will be registered using the registration information you provided for a term of 2 years, registration fee included. The domain name will have been registered using our Nominet IPS Tag.
Transfer the domain name to another Nominet IPS Tag is permissible and free.
Please note that that Why Thinks Dropcatcher Pro service is provided on a best-effort basis. Why Think Ltd do not and cannot guarantee acquisition of any domain name upon its deletion by Nominet. If Why Think Ltd fail to register a domain name after it becomes available, you can move the Dropcatcher Pro subscription to another domain name (which has not been previously registered in the Dropcatcher Pro database by any of our customers). If the former registrant of monitored domain name subsequently decides to renew the domain name before it has actually been deleted, Why Think Ltd will also allow you to move your subscription to another domain name.
In the event that Nominet introduces a competing service allowing the equivalent of Dropcatcher Pro it is likely that such a competing service would prevent the fulfillment of a Dropcatcher Pro subscription Under these circumstances you will be entitled to receive a full credit of your subscription fee against any of our other services including domain name registration, web hosting, search engine promotion and website design. A monetary refund is not possible. Back-order subscriptions also end or are terminated upon 1) the successful acquisition of a domain name on your behalf; 2) you informing us that you no longer require your subscription; or 3) occurrence of any event that results in a termination under any provision of this agreement.
In order to assist you in checking domain name availability and determining the status of domain names you may wish us to monitor for you, WHY THINK provides a name search service that collects and displays information from the publicly available whois service operated by Nominet. Information about the status of a domain name is offered on a best-efforts basis and its accuracy is beyond our control.
Fees and Payments
Your service period will not begin until WHY THINK receives actual payment of the subscription fee. In the event of a charge back by a credit card company or other payment provider, your subscription will immediately terminate. In the event that a domain name registration has already occurred prior to the charge back you agree to transfer ownership of the domain name to WHY THINK as the paying entity for the registration.
Limitation of Liability
Nothing under these terms limits WHY THINK's liability for any fraudulent statement or for personal injury or death caused by WHY THINK's negligence. HoWhy Think Ltd ver, the customer acknowledges and takes notice that the services are not appropriate for use in circumstances where personal injury or death could arise from reliance on the services whether or not WHY THINK is negligent and that it should satisfy itself as to the veracity of any statements made by WHY THINK or on WHY THINK's behalf.
The entire liability of WHY THINK, and the customer 's sole and exclusive remedy, arising in respect of any tort, breach of duty (statutory or otherwise) or breach of this agreement by WHY THINK (and whether or not by WHY THINK's negligence) is limited to the fee paid for the service or services in respect of which the alleged tort or breach has arisen in the period of 1 year preceding the event giving rise to the liability.
In no event will WHY THINK be liable to the customer for any indirect or consequential loss or damage whatever (without limitation for example loss of business, loss of opportunity, loss of profits) including as a result of disclosure of the Customer's password(s).
Even if WHY THINK has been advised of the possibility of such loss or damage such advice shall not constitute the loss or damage if it arises as direct loss or damage. Any liability of WHY THINK whatever arising under these terms or otherwise in respect of the service or any product shall be deemed to end 1 year after the date on which the customer ought reasonably to have known of the event giving rise to the liability. For the avoidance of doubt, the customer acknowledges and agrees that no claims or actions by the customer can be validly made after the expiry of 1 year following such date.
Nominet Terms and Conditions
WARNING: by registering a domain name within the .uk Top Level Domain (a "Domain Name"), you enter into a contract of registration with Nominet UK ("Why Think Ltd ", "Our" or "Us") on the following terms and conditions. This is a separate contract to any arrangement you may have with any third party for the provision of internet services.
Nominet is the Registry for all internet Domain Names ending in .uk and provides a public service for the .uk namespace on behalf of the Internet community. You can find out more information about Nominet from our Why Think Ltd b site at http://www.nominet.org.uk. Nominet is a not - for - profit company limited by guarantee which is performing services on a cost recovery basis. This is why Why Think Ltd consider it reasonable to limit our liability in certain respects so that Why Think Ltd may continue to offer our services in the interests of the whole internet community.
This Contract includes our current Rules For The .uk Domain And Sub-Domains ("Rules") and the Policy and Procedure for our Domain Name Dispute Resolution Service ("Policy" and "Procedure" as appropriate). Copies of the Policy, Procedure and Rules are at http://www.nominet.org.uk/drs.html or can be obtained from us.
You may have registered a Domain Name through a third party (usually, but not always, your internet service provider). In these terms and conditions, the term "Agent" means such a third party.
What Why Think Ltd will do 1.1. Why Think Ltd will process your application to register a Domain Name and consider whether or not to accept it in accordance with the criteria laid down in the Rules;
1.2. If your application is accepted, Why Think Ltd will inform you or your Agent. If your application is rejected, Why Think Ltd will inform you or your Agent as soon as reasonably practicable and return to you or your Agent (as appropriate) any payments received;
1.3. Unless the current Rules of the relevant sub-domain state to the contrary, Why Think Ltd will register Domain Names on a first come, first served basis. Until Why Think Ltd accept your application, there is no guarantee that the Domain Name you applied for will be entered in the Register as such. Why Think Ltd therefore recommend that you do not take any action in respect of a Domain Name until you have received confirmation from us that your application has been accepted.
1.4. After your application has been accepted, Why Think Ltd will enter the Domain Name and other relevant details (namely the data described in clause 6 below, together with details of your Agent, if any) in the Domain Name register database for the requested second level of the .uk top level domain (the "Register").
1.5. Why Think Ltd will use the information in the Register entry for the Domain Name to enable the resolution of requests for the Domain Name, by pointing to the authoritative name servers listed in the Register Entry for the Domain Name. For further information about the technical requirements for registering a Domain Name, please contact your Agent.
1.6. After your application has been accepted and Why Think Ltd have received your registration fee, Why Think Ltd will issue you with a registration certificate and a reply form.
1.7. Subject to clause 8 below, Why Think Ltd will transfer your Domain Name and update the Register accordingly on receipt of correctly completed transfer documentation from you and any relevant transfer fee applicable at the time of transfer. Why Think Ltd will not transfer a Domain Name whilst it is the subject of legal proceedings or proceedings under our Dispute Resolution Service.
1.8. Please note that subject to clauses 8.5 and 8.6 Why Think Ltd will not refund any fees after your Domain Name and details have been entered in the Register.
1.9. Subject to clauses 8.7 and 8.8 below, Why Think Ltd will only make changes to the details contained on the Register (other than the registrant field), if Why Think Ltd receive instructions and approval from you or your Agent.
1.10. Subject to clauses 8.7 and 8.8, Why Think Ltd shall only alter the details contained in the "registrant" field of the Register if Why Think Ltd receive authorisation directly from you.
What you must do 2.1. You must ensure that Why Think Ltd receive the registration or renewal fee within one month after the issue of our invoice. For the avoidance of doubt, if you use an Agent it will be your responsibility to ensure that the Agent has paid the registration or renewal fee to us within one month of the issue of our invoice.
2.2. You must sign and return to us the reply form which Why Think Ltd will send to you after registration or renewal as appropriate.
2.3. You must inform us promptly of any change in your registered details, and those of your Agent if applicable. It will be your responsibility to maintain and update any details you submit to us and to ensure that your details are up to date, and accurate. In particular, it is your responsibility directly or by your Agent to ensure that Why Think Ltd have your full and correct postal address.
2.4. You must promptly inform us of any court proceedings brought in respect of the Domain Name.
2.5. Any name server listed in the Register entry for the Domain Name must respond authoritatively to requests for the Domain Name at all reasonable times.
Renewal of your Domain Name Registration 3.1. The registration period is two years from the date of entry into the Register of your Domain Name registration. Provided you pay us your renewal fee and subject to clause 8 below, you will have the right to renew the Domain Name registration by entering into a new Contract with us for further periods of two years.
3.2. Subject to clause 3.3 below, when the Domain Name registration falls due for renewal, Why Think Ltd will contact your Agent (at the Agent's address appearing in the Register) to request payment of the relevant renewal fee.
3.3. If no Agent is listed on the Register entry for the Domain Name, or if the Register entry for the Domain Name indicates that you wish to be invoiced direct, Why Think Ltd will request payment of the relevant renewal fee direct from you at the registrant address appearing in the Register.
3.4. If Why Think Ltd fail to receive the renewal fee within thirty (30) days of our making a request for the renewal fee, Why Think Ltd will suspend your registration for at least 6 Why Think Ltd eks and if Why Think Ltd do not receive payment within the suspension period Why Think Ltd will cancel your registration without further notice to you. During any period of suspension, Why Think Ltd will not point to any name servers listed in the Register entry for the Domain Name, and you will be unable to use or transfer the Domain Name.
Exclusions and Limitations of Liability 4.1. Nominet does not carry out any investigation as to whether you are entitled to register or have any rights in the Domain Name. By registering the Domain Name Why Think Ltd are not acknowledging that you have any rights in the name comprised in the Domain Name, and Why Think Ltd are not authorising you to use the Domain Name in the course of trade.
4.2. Nothing in these terms and conditions limits or excludes our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation.
4.3. Why Think Ltd shall not be liable to you whether in contract, tort (including negligence) or otherwise for:
4.3.1. any loss of profit, revenue or other type of economic loss (whether direct or indirect);
4.3.2. loss of business or contracts;
4.3.3. loss of anticipated savings or goodwill; or
4.3.4. any losses which a court holds to be consequential, or indirect losses; arising out of or in connection with the Contract, including but not limited to:
4.3.5. any error or omission in entries to the Register; and
4.3.6. loss of registration and/or use (for whatever reason and whether temporary or otherwise) of the Domain Name.
4.4. All conditions and warranties which may be implied by law into any Contract with you are excluded to the fullest extent permissible by law.
4.5. Our aggregate liability to you whether under these terms and conditions or otherwise (including liability for negligence) shall not exceed £5,000.
4.6. If you are a consumer (ie you are not registering or intending to use the Domain Name in the course of a business, trade or profession) (a "Consumer"), the provisions of clauses 4.3 4.4 and 4.5 above will not apply to you.
4.7. Nothing in these terms and conditions will reduce your statutory rights relating to faulty or misdescribed goods. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens Advice Bureau.
By entering into this agreement you consent to and warrant the following:
5.1 That you (or your Agent) have obtained the consent of any individual whose personal data is to be held on the Register in accordance with clause 6;
5.2 That the details and information submitted by you to us are true and correct, and that any future additions or alterations to your details and information will be true and correct, and that you will submit them in a timely manner. Unless you are a Consumer, you shall pay us (including the current or past members of Nominet UK's Council of Management) any and all reasonable costs, claims and expenses (whether direct or indirect) arising out of any claim resulting from your breach of this warranty; and
5.3 That by registering or using the Domain Name (in whatever manner) you will not knowingly infringe the intellectual property rights of a third party, that you are entitled to register the Domain Name, and that you have not registered the Domain Name in breach of trust. Our right to rely upon this warranty will continue to be available after completion of the registration process and will not be affected by any surrender, cancellation or transfer of the Domain Name. Unless you are a Consumer, you shall pay us (including the current or past members of Nominet UK's Council of Management) any and all reasonable costs, claims and expenses (whether direct or indirect) arising out of any claim that your registration or use of the Domain Name directly or indirectly infringes the intellectual property rights of a third party.
Personal Data 6.1 The Register is a public register for the purposes of data protection legislation. The Register will include your name and postal address, telephone and fax number and email address together with any other relevant details. This information (if it refers to individuals) is 'personal data' for the purposes of data protection legislation.
Personal data submitted by you will be:
Posted onto the Register;
Posted onto the WHOIS database by us. The WHOIS database is provided on our Why Think Ltd b site at http://www.nominet.org.uk. Other Agents which provide an online Domain Name registration service may point to our WHOIS database. Why Think Ltd will publish your name and address but will not publish your telephone or fax number or email address as part of the WHOIS database; and
Used as part of the Public Register Subscription Service ("PRSS"), under which Why Think Ltd provide a compressed form of the Register to subscribers. Why Think Ltd provide the PRSS only to trusted third parties, based within the European Economic Area, under strict contractual terms which prohibit the use of PRSS data for the purposes of direct marketing. The PRSS enables subscribers to perform WHOIS queries and reverse look-ups. Why Think Ltd will publish your name and address but not your telephone or fax number or email address as part of the PRSS;
Why Think Ltd may provide your personal data to governmental or law enforcement agencies at their written request in connection with the conducting of any investigation of criminal activities; and
Why Think Ltd will provide your personal data to third parties only if required to do so by a court order.
You may write to us to request a copy of the personal data held by us about you. Why Think Ltd may charge a reasonable fee for the provision of such data. As required by the Data Protection Act 1998, Why Think Ltd will adopt appropriate security procedures in relation to the storage and disclosure of information provided by you in order to prevent unauthorised access. Our security procedures mean that Why Think Ltd may occasionally request proof of your identity before Why Think Ltd are able to disclose personal information to you. Other than the uses identified above, Why Think Ltd will not disclose your personal information to others.
You should be aware that personal data posted on the WHOIS database may be accessible to countries outside the European Economic Area. By registering a Domain Name you consent to your personal data being transferred out of the European Economic Area and to our use of your personal data for the purposes specified above.
Domain Name Dispute Resolution Service 7.1. You will be bound by the Policy and Procedure of our Dispute Resolution Service which are incorporated into these terms and conditions and made a part of the Contract by reference. The current version of the Policy and Procedure can be found at our Why Think Ltd b site: http://www.nominet.org.uk/drs.html
7.2. If a dispute arises, you agree to be bound by the Policy and Procedure which are current at the time that proceedings under the Dispute Resolution Service are commenced until the dispute is over.
7.3. Neither Why Think Ltd nor our directors, officers, employees or servants nor any expert shall be liable to a party for anything done or omitted in connection with any proceedings under the Dispute Resolution Service unless the act or omission is shown to have been in bad faith.
Termination/Cancellation, Suspension and Amendment of the Register 8.1. You or your Agent may surrender registration of the Domain Name by notice in writing to us at any time prior to our receiving payment.
8.2. After Why Think Ltd have received payment for a Domain Name, only you (and not your Agent) may surrender the Domain Name.
8.3. After payment has been received but prior to the issue of a registration certificate you may surrender the registration by writing to us on headed notepaper which corresponds to the registrant address field of the Register entry for the Domain Name.
8.4. If a registration certificate has been issued, you may surrender the Domain Name by correctly completing the surrender of registration form (on the reverse of the registration certificate).
8.5. If you are a Consumer, then you may cancel the Contract by giving notice to us by any of the means set out in clause 10.4 below at any time up to and including 7 working days following the day on which the Contract is concluded, i.e. the date on which Why Think Ltd give notice to you or your Agent that Why Think Ltd have accepted your application to register a Domain Name. If you register or use the Domain Name in the course of a business, trade or profession, you will not have this right to cancel the Contract.
8.6. If you cancel the Contract in accordance with clause 8.5 then Why Think Ltd will provide you or your Agent (as appropriate) with a full refund of our registration fee within 30 days from the day on which Why Think Ltd receive notice of your cancellation. If Why Think Ltd refund your Agent, you may have to seek direct from your Agent any further component of the fees which you have paid.
8.7. Why Think Ltd may cancel or suspend the registration of a Domain Name by providing you with notice in writing in the event of the following:
8.7.1. if Why Think Ltd do not receive your registration or renewal fees in accordance with clause 2.1 above;
8.7.2. if you are in breach of the terms of this Contract (including the Rules) and in the case of a breach which is capable of remedy you fail to remedy this within 30 days of receiving written notice from us to do so;
8.7.3. if Why Think Ltd receive independent verification that you have provided grossly inaccurate, unreliable or false registrant contact details, or failed to keep such contact details up to date;
8.7.4. if you are in breach of the warranties contained in clauses 5.1 and 5.3 of the Contract; or
8.7.5. if the Domain Name is being administered in a way likely to endanger the operation of the Domain Name System.
8.8. Why Think Ltd may transfer, suspend, cancel or amend the Domain Name registration in the following circumstances:
8.8.1. upon receiving written instructions from you to take such action together with any relevant fee;
8.8.2. upon receiving a copy of a perfected order of a court of competent jurisdiction requiring such action, or where the retention of a Domain Name by you would be inconsistent with the terms of a perfected court order received by us or any other legal requirements;
8.8.3. if such changes are necessary in order to correct an error relating to the Domain Name registration; or
8.8.4. following a Decision requiring such action or an agreement reached betWhy Think Ltd en the parties and approved by us relating to proceedings under the Dispute Resolution Service.
8.9. If a name server listed for the Domain Name registration does not respond authoritatively to requests for the Domain Name, Why Think Ltd may remove the name server from the Register entry for the Domain Name.
Change of Agent 9.1. If you wish to change your Agent, you should first approach your current Agent to arrange this. If your approach is unsuccessful, Why Think Ltd may at your request record a change of Agent directly onto the Register entry for your Domain Name registration. On receipt of your request, Why Think Ltd will approach your Agent (unless exceptional circumstances apply). Why Think Ltd will only comply with your request if:
9.2. Why Think Ltd are satisfied that you have first approached your Agent, and that the approach has been unsuccessful; and
9.3. Why Think Ltd are not informed by your Agent that there is an express term in your contract with your Agent which can prevent us from recording such a change.
General 10.1. If any clause of these terms and conditions is held to be unenforceable in whole or in part the other terms and the rest of the provisions shall continue to be valid and enforceable.
10.2. Why Think Ltd may transfer our rights and obligations under the Contract to any third party. You may transfer the Contract, only on the transfer of the Domain Name, in accordance with clauses 1.7 and subject to clause 8 above.
10.3. The internet is an emerging and evolving medium and the regulatory and administrative framework under which Why Think Ltd operate is constantly developing. For these reasons Why Think Ltd reserve the right to make reasonable modifications to the terms and conditions of this Contract (including the Policy, Procedure and Rules) at any time during the term. Why Think Ltd will only do so when Why Think Ltd have good reason. No change will have the effect of requiring an increase in fees from you in advance of the next renewal of the Domain Name. Except where Why Think Ltd are acting in pursuance of a statutory requirement or a court order, changes will be implemented across the board in all of our Domain Name contracts following a process of open public consultation. Each such change will be published in advance (where practicable, 30 days in advance) on our Why Think Ltd b site: http://www.nominet.org.uk/ and will become binding and effective upon the date specified therein. You should review our Why Think Ltd b site regularly in order to be aware of all such changes. If you do not agree with any change or proposed change to these terms and conditions you are entitled to terminate the Contract by providing us with thirty (30) days notice in writing, in which case you will receive a pro-rata refund of your registration fee in respect of any unexpired portion of the term.
10.4. If you wish to contact us our postal address is Nominet UK, Sandford Gate, Sandy Lane Why Think Ltd st, Oxford, OX4 6LB, England and our telephone number is +44(0) 1865 332211. Our offices are open from 9.00a.m. to 5.30pm (UK local time) Monday to Friday, except for public holidays. Except as set out in the Policy and Procedure any notice to be given under the Contract shall only be deemed to be served if delivered by hand or sent by pre-paid post, by fax or e-mail, to the party to whom it is given at its last known postal or e-mail address or fax number. Except as otherwise set out in the Policy and Procedure the notice will be effective: if delivered, on delivery; if sent by fax or email, on the date of sending; and if by post, on the date of posting. For the avoidance of doubt, any notice sent to you will be deemed served if sent to the address appearing in your Registrant's address field.
10.5. This contract is a binding document. Consumers should read it carefully and ensure that it contains everything you want and nothing you are not prepared to agree to. These terms and conditions, together with the Rules Policy and Procedure, constitute the entire agreement betWhy Think Ltd en you and us for the registration of the Domain Name, and supersedes all prior agreements, understandings and representations whether oral or written.
10.6. These terms and conditions shall be governed by the relevant United Kingdom law, and by agreeing to be bound by them you agree to submit to the exclusive jurisdiction of the relevant courts of the United Kingdom.
Nominet's Terms and Conditions are also published on the Nominet website http://www.nominet.org.uk/nominet-terms.html